IN THE COURT OF APPEAL
AT KISUMU
(Coram:Kneller, Hancox and Nyarangi JJA)
CIVIL APPEAL NO. 2 OF 1986
BETWEEN
MOHAMED MAHMOUD JABANE............................................................APPELLANT
AND
HIGHSTONE BUTTY TONGOI OLENJA................................................RESPONDENT
JUDGMENT OF HANCOX JA.
The respondent, who was at the material time a postal officer with the Kenya Posts and Telecommunications Corporation, and is still employed by them, was driving his Renault saloon KJM 646 along the Maseno Luanda Road in the direction of Luanda when it collided with a tanker lorry No KWL 465, as a result of which the Ranault was written off as a total loss and the respondent received moderately severe injuries, the most serious of which was to his right leg.
The accident occurred at about 7.30 pm on May 21 1978. The Renault had just passed a police road block at Maseno and was on a downhill slope at the time of the impact, with the consequence that the lorry as coming uphill in the op…